BE injunction against WVU

[raf4488]

Haven't seen this discussed yet, but the BE has filed an injunction in RI state court to keep WVU in the league until resolution of their lawsuit. The BE's motion to dismiss WVU's suit in WV state court was denied, and this looks to be their response.

The suit can be found here

The best part is when the BE cites WVU Board of Governors v. Rodriguez- "binding, written contracts are not unenforceable just because a party does not like its terms in hindsight."

 

[KaiserUEO]

the only conference holding on to its teams legs, kicking and screaming like a 3 year old when their daddy goes to work...is the bigeast.

the bigeast is an embarrassment to all things sports related.

Syracuse and pitt should just call swofford and say 'fill up our league schedule, if a bigeast team shows up, we will play who you send. we also wont show up to any road game they schedule.'

screw em. lets get out of here.

Oh Lord

 

[IthacaBarrel]

the only conference holding on to its teams legs, kicking and screaming like a 3 year old when their daddy goes to work...is the bigeast.

the bigeast is an embarrassment to all things sports related.

Syracuse and pitt should just call swofford and say 'fill up our league schedule, if a bigeast team shows up, we will play who you send. we also wont show up to any road game they schedule.'

screw em. lets get out of here.

Oh Lord

Agreed, this . I don't know why anyone would want to stay in this mess

 

[Scooch]

the only conference holding on to its teams legs, kicking and screaming like a 3 year old when their daddy goes to work...is the bigeast.

the bigeast is an embarrassment to all things sports related.

Syracuse and pitt should just call swofford and say 'fill up our league schedule, if a bigeast team shows up, we will play who you send. we also wont show up to any road game they schedule.'

screw em. lets get out of here.

Oh Lord

I get the Big East holding us to playing in 2012. They want the league "intact" before The Others can join for 2013 (presuming those schools need next year to extricate themselves from their current leagues).

But it's holding us to 2013 that is baffling. The Big East media contract ends with the 2012-13 hoops season. Why on Earth would you want to be negotiating a new deal that would have departing league members playing in the first year of it. It simply creates a giant clusterfluck of money and scheduling.

 

[OrangePA]

The move by WVU is what is most disturbing.

The school is bound by the terms of the BE contract. Its lawsuit is needless and groundless.

Neither Pitt nor SU sought to quash the 27 month requirement. Both schools played it correctly.

Most here agree that the BE, once it's arrangements have been fully resolved, will negotiate with the schools that are leaving.

In my opinion, the BE had no choice but to file suit against WVU. I strongly suspect that the WVU will not prevail. Indeed, its arguments seem rather silly.

Bottom line for me - I don't blame the BE at all for what has happened so far.

If the BE refuses to negotiate for 2013, then strong criticism would be warranted.

 

[SU2NASA]

Screw the Big East, WVU's lawsuit may be poorly written (though with a WVU education, not surprising), but they're right. The Big East's actions have diluted West Virginia's value and have been harmful to the value of their assets as an athletic program. It has to us as well, or we'd be staying.

I agree with letting the Big East schedule however they want with us not in the room, and telling them that we won't show up. I also would tell any of the basketball schools like St. John's, UConn, Georgetown, and the rest of the northeast mouthbreathers like Seton Hall and Providence that we won't schedule them if they want to hold our feet to the fire. They need us a lot more than we need them, especially Georgetown, who only sells out when we come to town. And it's not like we won't be in the area with playing Maryland who is only a few miles down the road.

I don't see how the financial damages are any more than the value of our television royalties on top of the buyout, which we would make back in less than a year in the ACC once their TV contract is renegotiated.

The Big East not having enough teams to qualify for a BCS bid next year without us, Pitt, and WVU isn't our problem, it's theirs created through their inaction.

It's one thing to not like the terms you agreed to in retrospect as the Big East alleges, it's another for the conference to not live up to its responsibilities to protect the value of its member institutions. Both parties have to act in good faith, and I think WVU is right in that the basketball schools have not acted in good faith with the football schools. If the Big East acted in accordance to their responsibility to the football schools, then SU, Pitt, and WVU wouldn't want out, there's proof enough.

Screw the Big East, I want out of this shitshow. Let them burn due to their own incompetence.

 

[EastBayCuse]

Cuse football is not ready to compete in the ACC yet. They could use another year in the BE productively while they continue to rebuild. I agree with OrangePA, the BE will probably negotiate and let them buy out the 2nd year at a reasonable price. But if they don't come to agreement, Cuse has the silver lining of having yet another year to continue to prepare for ACC fball. Not a disaster, either way.

 

[Noexcuse]

Big East is holding tight to the 27 months departure clause while bringing in new members to fill out the Conference beginning 2013. They really don't need the 3 of us after 2012. In the meantime WVU is attempting to break the Contract and leave for 2012. Most likely a settlement will be worked out and we will all leave in 2013. If WVU is allowed to leave in 2012 every Big East team including us will have an open date in their schedules that will be hard to fill imo.

 

[SU2NASA]

Cuse football is not ready to compete in the ACC yet. They could use another year in the BE productively while they continue to rebuild. I agree with OrangePA, the BE will probably negotiate and let them buy out the 2nd year at a reasonable price. But if they don't come to agreement, Cuse has the silver lining of having yet another year to continue to prepare for ACC fball. Not a disaster, either way.

Competing in the ACC will have a huge effect on recruiting. We'll have a better team next year and it'll help us build for the future while the rest of the northeast descends into mid-major land.

 

[KaiserUEO]

i understand playing the 12-13 season too, 13-14 makes ZERO sense.

the thing is, if this is about 'football' why not just play football next year in the bmw and let all other sports go to the ACC??

hoop still has 13 teams, thats a pretty good inventory for espn etc.

is this all about keeping the status quo till all tv contracts are up? would we run the risk of not getting paid for hoop by any league?

:noidea:

 

[SU2NASA]

i understand playing the 12-13 season too, 13-14 makes ZERO sense.

the thing is, if this is about 'football' why not just play football next year in the bmw and let all other sports go to the ACC??

hoop still has 13 teams, thats a pretty good inventory for espn etc.

is this all about keeping the status quo till all tv contracts are up? would we run the risk of not getting paid for hoop by any league?

:noidea:

This is about spite. The football issue is just the ramification of more incompetence and inaction by the Big East.

 

[Noexcuse]

Settlement benefits the Big East and they can have their cake and eat it too. They will have a full complement of teams to fill out their schedules and will have an increased buy-out from the departed to spread around.

 

[raf4488]

It is absolutely counterproductive from the BE's perspective to have us stick around for more than one more academic year. The waiting period was specifically designed so that the BE had time to get replacements in the event schools left, and they've done just that and will be better off in 2013 without us.
I'm thinking that it's in the BE's best legal interests to state publicly they have every intention of completely enforcing the waiting period. If they give even the slightest impression that it's negotiable, they give WVU a stronger argument in court. Once this WVU thing is settled, I have no doubt we leave for 2013 since this would so clearly be in the best interests of every party.

 

[shantydaze]

WVU is in a difficult situation as its invitation to the Big 12 was contingent on it playing football in the conference next year. If it does not, it is my understanding the Big 12's broadcasting partners could reduce the league's broadcasting fees. In that regard, I understand why the school needs to do whatever it takes to leave the league next year.

The BE, on the other hand, needs the departing teams to stay until the expansion teams join to keep the minimum number teams participating to qualify for a BCS bid. Therefore, I also understand the BE refusing to allow the teams to leave prior to the expansion teams joining.

What should be happening is the Big 12, BE, and ACC should be either talking to the other BCS conference commissioners to secure a waiver, which would allow the BE Champion to automatically qualify for the BCS without the required number of teams competing. Alternatively, the Big 12 and ACC should be striking deals with Conference USA and Mountain West to allow its team to leave and join the BE next year.

 

[OrangePA]

This is about spite. The football issue is just the ramification of more incompetence and inaction by the Big East.

I just don't see what you see.

The Big East took appropriate action and has taken appropriate action.

Adding TCU last year was the right move.

Negotiating a solid TV contract - that some of the members voted down - was the right move.

Now, adding SMU, Houston, SD State, Boise State, and UCF are the correct moves.

I don't think spite will enter into the equation. I think cooler heads exist and will prevail.

 

[Whitey23]

The best part is when the BE cites WVU Board of Governors v. Rodriguez- "binding, written contracts are not unenforceable just because a party does not like its terms in hindsight."

:rolling:

 

[SU2NASA]

I just don't see what you see.

The Big East took appropriate action and has taken appropriate action.

Adding TCU last year was the right move.

Negotiating a solid TV contract - that some of the members voted down - was the right move.

Now, adding SMU, Houston, SD State, Boise State, and UCF are the correct moves.

I don't think spite will enter into the equation. I think cooler heads exist and will prevail.

Allowing it to be voted down, not being more proactive to add more members than just TCU, were the biggest strokes of incompetence.

West Virginia is going to be gone, and if they do, I fail to see why we wouldn't follow suit.

 

[Capt. Tuttle]

Haven't seen this discussed yet, but the BE has filed an injunction in RI state court to keep WVU in the league until resolution of their lawsuit. The BE's motion to dismiss WVU's suit in WV state court was denied, and this looks to be their response.

The suit can be found here

The best part is when the BE cites WVU Board of Governors v. Rodriguez- "binding, written contracts are not unenforceable just because a party does not like its terms in hindsight."

An injuction does not seem warranted, as damages can likely be calculated to a reasonable certainty should WVU leave in breach of its contract, UNLESS the BE has someting from BCS that if t loses one team, then it' automatic qualifier will be voided.

 

[OrangePA]

Allowing it to be voted down, not being more proactive to add more members than just TCU, were the biggest strokes of incompetence.

West Virginia is going to be gone, and if they do, I fail to see why we wouldn't follow suit.

WVU will be gone when the courts say it's okay.

I don't know the specifics but I suspect from reading the Complaint that WVU has a weak arguemnt.

We will leave pursuant to our contract or on the basis of negotiations. Dr. Gross is handling the situation with class.

WVU is not.

As far as the BE is concerned, the TCU move last year was a very strong one. Your apparent dismissal of the move is perplexing.

Of course neither you nor I have any idea what additional efforts the BE was taking last year in order to enhance its football position - other than the Villanova effort I guess.

And, too many who trash the conference fail to account for the hits BE Football has taken - no other conference has had to deal with the kind of defections that took place in 2003 and 2004 or the head coaching defections that have taken place in the last few years - Rich Rod, Petrino, Kelly, Edsall, D'Antonio, etc.

I think it's ill-advised to hurl allegations of "incompetence" under the circumstances.

I don't really understand the tendency on this board to castigate the BE.

 

[SU2NASA]

WVU will be gone when the courts say it's okay.

I don't know the specifics but I suspect from reading the Complaint that WVU has a weak arguemnt.

We will leave pursuant to our contract or on the basis of negotiations. Dr. Gross is handling the situation with class.

WVU is not.

As far as the BE is concerned, the TCU move last year was a very strong one. Your apparent dismissal of the move is perplexing.

Of course neither you nor I have any idea what additional efforts the BE was taking last year in order to enhance its football position - other than the Villanova effort I guess.

And, too many who trash the conference fail to account for the hits BE Football has taken - no other conference has had to deal with the kind of defections that took place in 2003 and 2004 or the head coaching defections that have taken place in the last few years - Rich Rod, Petrino, Kelly, Edsall, D'Antonio, etc.

I think it's ill-advised to hurl allegations of "incompetence" under the circumstances.

I don't really understand the tendency on this board to castigate the BE.

I'll be absolutely shocked if any court in this land steps in and forces a school to play sports against certain other schools with an injunction.

He's handling it with class while West Virginia does the dirty work. If WVU shows where the door is, we're going to follow them out, and he's alluded to as much.

Obviously the TCU move was a very strong one. It really held together the conference... We wouldn't be here if it was such a strong move.

The reason it's taken those hits is exactly because it's a trash conference.

The proof is in the results. The Big East is a shitshow and it put itself in a terrible position. That's incompetence.

The Big East deserves to be castigated because it's a trash conglomeration with weak leadership, lack of foresight, terrible management, and is absolute garbage in the most visible sport it competes in.

Thank God we're getting out.

Screw the Big East.

 

[sufan]

The move by WVU is what is most disturbing.

The school is bound by the terms of the BE contract. Its lawsuit is needless and groundless.

Neither Pitt nor SU sought to quash the 27 month requirement. Both schools played it correctly.

Most here agree that the BE, once it's arrangements have been fully resolved, will negotiate with the schools that are leaving.

In my opinion, the BE had no choice but to file suit against WVU. I strongly suspect that the WVU will not prevail. Indeed, its arguments seem rather silly.

Bottom line for me - I don't blame the BE at all for what has happened so far.

If the BE refuses to negotiate for 2013, then strong criticism would be warranted.

-------------

"A judge has denied a motion to dismiss a West Virginia University lawsuit aimed at speeding up its exit from the Big East, indicating doubts about whether the case has a sufficient legal foundation but allowing evidence collection to proceed."

"Clawges said that at this point in the process, he has no choice but to “construe the facts in the light most favorable” to WVU. Although he said he “might be inclined to agree with the defendants’ arguments on whether there’s merit to these allegations,” it would be presumptuous to dismiss without letting WVU fully develop its case."

------

It's obvious WVU and the Big 12 are desperate.

However, WVU is conducting itself as a reckless outlaw school.

WVU helped draft the provisions they now claim are meaningless.

Their contractual obligations to the conference and its member schools couldn't be more clear. The damages are significant since otherwise it appears the Big East will only have 7 teams playing football next year.

The Big 12 is also showing itself to have zero class.

 

[NKR1978]

WVU has completely blown up bridges. UConn burned bridges in 2003. I'm glad Syracuse doesn't burn bridges.

 

[OrangePA]

I'll be absolutely shocked if any court in this land steps in and forces a school to play sports against certain other schools with an injunction.

He's handling it with class while West Virginia does the dirty work. If WVU shows where the door is, we're going to follow them out, and he's alluded to as much.

Obviously the TCU move was a very strong one. It really held together the conference... We wouldn't be here if it was such a strong move.

The reason it's taken those hits is exactly because it's a trash conference.

The proof is in the results. The Big East is a shitshow and it put itself in a terrible position. That's incompetence.

The Big East deserves to be castigated because it's a trash conglomeration with weak leadership, lack of foresight, terrible management, and is absolute garbage in the most visible sport it competes in.

Thank God we're getting out.

Screw the Big East.

Classy post.

You type to your mother with that mouth?

I think your analysis is way too simplisitic and uninformed.

The BE is not in a bad situation right now. It may be in a better situation today than it was last year. It has new and large TV markets. It has two dynamic teams - Houston and Boise State - that are both much better than Pitt and SU. And it has a national reach that is unique in college football.

Given time it could develope quite nicely.

I think most on the board understand that the movement this year from the BE would probably not have occurred had the TV contract with ESPN been ratified. A few schools including ND apparently, thwarted what was probably going to be a decent package.

The conference has been subject to money issues. When Michigan State came with more money, D'Antonio left Cincy. When the NFL came with more money, Bobby Petrino left Louisville.

I don't think that indicates incompetence on the part of the BE office.

It simply reflects certain economic realities to which a young football conference is susceptible.

I would be careful stepping on others while moving to the ACC. It's not only lacking in grace, but it's bad karma.